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Document Preparation Services

We can help draft deeds, real estate agreements and contracts.

We have the capability to prepare and assist you with all the necessary documents for any type of transaction related to the real estate industry. Our office can draft warranty deeds, quit claim deeds, purchase and sale contracts, and can prepare complete closing packages. Please remember that only a Florida Bar licensed attorney may prepare deeds that are not incidental to a title insurance policy being issued!

Types Of Florida Deeds
The most common types of deeds executed in Florida are the general warranty deed, special warranty deed and quitclaim deed.

"General warranty" means the grantor is liable for any defects in title that include the actions of his or her predecessors in title. The general warranty deed (also known as a statutory warranty deed) includes six written enforceable promises made by the grantor to the grantee.

1. Seizin
2. Right to convey
3. Against encumbrances
4. Quiet enjoyment
5. General warranty
6. Further assurances.
This is the best type of deed for a grantee.

A special warranty deed is a type of deed that limits the grantor's liability to his or her period of ownership. The grantor is responsible for only those defects he or she may have caused during the time he or she held title. It cuts off liability as to actions of predecessors in title. This is a good type of deed for the grantor but not the grantee, especially if the grantee decides not to obtain an owner's title insurance policy.

A quitclaim deed does not contain any warranties. It conveys whatever right, title, or interest the grantor may have in the property (including any liens, encumbrances, defects or other adverse matters). The grantor conveys title without incurring any liability if title is found to be defective. Quit claim deeds are usually used in conveyances of property amongst family, in divorce matters, and to clear clouds on title.

Many people tend to think that they can just draft their own quit claim deed. You should never attempt to prepare your own quit claim deed without the assistance of an attorney. Although the internet has many quit claim deed "forms," you should never trust these forms even from reputable companies. Each property conveyance has different circumstances and there really is no form." Deeds are legal documents that have very specific requirements governed by different state laws. If you do not draft and execute the deed properly, the deed will fail to transfer the property as you had intended.

A real estate attorney can help you:
- Determine which type of deed is necessary for your circumstance;
- Determine how to take title to the property (i.e., joint tenants, tenants in common, individually, etc.)
- Convey the property with the correct legal description
- Determine the appropriate "grantors" (the party relinquishing title to the property) and determine exactly who needs to execute the deed for it to be valid (for example, deeds may need to be executed with spousal signature even if the spouse is not listed on title!)
- Determine how many signatures the deed requires, how many witnesses and notarization
- Determine what the Clerk's recording fees are, doc stamps and file the deed appropriately at the courthouse

Although you may not think that the drafting and filing of a quit claim deed is not complex, a simple mistake could render the deed completely invalid and ineffective. Let's say you want to add the names of your children to title on your house, so that in the event of your death, your children can take title to the property without going through the probate process. You grab a quit claim "form" from the internet and plug in your name and your childrens' names. If this deed does not have all of the legally required elements for a valid deed (appropriate tenancy, correct legal description, proper signatures, witnesses, notarization, to name a few), the deed will NOT convey the property to your children. Upon your passing, your children may attempt to sell the property only to find out that they do not legally own the property! At this point, they would have to spend thousands of dollars to get it all straightened out. If you want to insure that your property will pass to the appropriate people, then seek the advice of an attorney who is familiar with the real estate laws of the state where the property is located to insure that the deed will be valid.